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"Slide tackle" in soccer is "part of the game."

Julie Hlywa sued Liberty Park of America and Denise Pond, after she was injured during a soccer game.  Hlywa claimed that the opposing goalie, Ms. Pond, injured her in the process of denying her the ball; she offered into evidence affidavits from two teammates attesting to the fact that Pond used a slide tackle to deny possession of the ball.  At Liberty Park, slide tackles are illegal and posted regulations make that clear. 

The Circuit Court dismissed Hlywa's claim, pointing out that under the rules governing recreational injuries in Michigan, Hlywa would have to prove that Pond was guilty of "reckless misconduct" in order to prevail.  Otherwise, voluntary participants in recreational activity "assume the risk" of negligently-caused injury.  Even though the venue prohibits slide tackles in soccer, Pond had not engaged in conduct that would qualify as reckless disregard for the safety of another.  The Court of Appeals affirmed, pointing out that the very need to establish regulations prohibiting slide tackling confirmed the fact that slide tackles are a "normal" element of soccer.
Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
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